Case 1:15-cv-00262-SLR Document 1 Filed 03/25/15 Page 1 of 11 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`IMPROVED SEARCH LLC,
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`
`Plaintiff,
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`Defendant.
`
`
`
`v.
`
`
`AOL INC.
`
`
`
`
`
`
`
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`CIVIL ACTION NO. _______________
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`
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`JURY TRIAL DEMANDED
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`
`COMPLAINT FOR PATENT INFRINGEMENT
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`STATEMENT OF JURISDICTION
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`1.
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`This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`NATURE OF THE ACTION
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`2.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 271, et seq., to obtain damages resulting from Defendant’s
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`unauthorized manufacture, use, offer to sell, sale, and/or import of products, and Defendant’s
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`unauthorized and infringing performance of methods, processes, services, and/or systems that
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`infringe one or more claims of United States Patent Nos. 6,604,101 (the “’101 Patent”) and
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`7,516,154 (the “’154 Patent”) (collectively the “Asserted Patents”) (attached as Exhibits A and
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`B, respectively).
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`3.
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`Defendant’s infringing products and services are adapted for use to perform cross-
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`language translation of query and search information as well as retrieval of multilingual
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`information over a computer network, including but not limited to Defendant’s AOL Search
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`product (“Accused Products and Services”).
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`THE PARTIES
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`4.
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`Plaintiff Improved Search LLC (“Improved Search”) is a Florida limited liability
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`company with its principal place of business in Fort Lauderdale, FL.
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`5.
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`Plaintiff Improved Search is the assignee of all substantial rights, title, and interest
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`in and to the Asserted Patents.
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`6.
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`Defendant AOL Inc. (“AOL”) is a Delaware corporation with its headquarters
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`located at 770 Broadway, New York, NY 10003. Defendant AOL’s registered agent is located at
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`2711 Centerville Rd, Suite 400, Wilmington, DE 19808.
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`7.
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`Defendant AOL describes itself as a media technology company with a mission to
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`simplify the Internet for consumers. AOL’s products and services include AOL Search, an
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`Internet search platform through which consumers may enter queries with which to search a set
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`of multilingual Websites.
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`8.
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`Defendant AOL infringes the Asserted Patents, and Plaintiff has been and will
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`continue to be harmed by Defendant’s infringement of the Asserted Patents. Moreover,
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`Defendant’s unauthorized and infringing manufacture, use, offer to sell, sale, and/or import of
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`Plaintiff’s patented inventions, as well as Defendant’s unauthorized and infringing performance
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`of methods, processes, and/or services, have threatened the value of this intellectual property
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`because Defendant’s conduct results in Plaintiff’s loss of its lawful patent rights to exclude
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`others from making, using, offering to sell, selling, and/or importing the patented inventions,
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`and/or the right to exclude others from performing the patented methods.
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`9.
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`Defendant’s disregard for Plaintiff’s property rights
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`threatens Plaintiff’s
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`relationships with potential licensees of Plaintiff’s patents, including the Asserted Patents.
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`Defendant will derive a competitive advantage over any of Plaintiff’s future licensees by
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`infringing Plaintiff’s patented technology.
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`JURISDICTION AND VENUE
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`10.
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`This Court has jurisdiction over the subject matter of this patent infringement
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`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`11.
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`Defendant AOL is subject to personal jurisdiction in the State of Delaware
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`because it is a Delaware corporation that regularly transacts business in this judicial district by,
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`among other things, offering its products and services to customers, business affiliates, and
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`partners located in this judicial district. Additionally, Defendant has committed acts of direct
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`infringement of one or more of the claims of the Asserted Patents in this judicial district.
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`12.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), 1391(c),
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`and 1400(b) because Defendant is subject to personal jurisdiction in Delaware and, accordingly,
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`is deemed to reside in this judicial district.
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`THE PATENTS-IN-SUIT
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`13.
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`United States Patent No. 6,604,101 is entitled “Method and System for
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`Translingual Translation of Query and Search and Retrieval of Multilingual Information on a
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`Computer Network” and relates, inter alia, to methods of and systems for translating queries
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`from a source language to a target language, and searching and retrieving Web documents in the
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`target language. Essential to the operation of the claimed methods and systems is the use of a
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`Web search engine. This includes, for example, receiving a query in a first language through an
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`input device, processing the query and extracting at least one content word from the query,
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`performing dialectal standardization of the at least one content word, translating the at least one
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`content word into a target second language through a translator, performing a contextual search
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`in the target language based on the at least one translated content word, using a search engine in
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`the target language, and obtaining search results in the target language in the form of site names
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`or Uniform Resource Locators (“URLs”) and documents that satisfy the search criteria.
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`14.
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`United States Patent No. 7,516,154 is entitled “Cross Language Advertising” and
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`relates, inter alia, to methods of and systems for providing cross language advertising services
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`over the Internet. Essential to the operation of the claimed methods and systems is the use of a
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`Web search engine. This includes, for example, receiving a query from a user through an input
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`device in a source language, processing the query and extracting at least one content word from
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`the query, performing dialectal standardization of the content word, translating the dialectally
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`standardized content word into a target language through a translator, performing a contextual
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`search in the target language based on the translated content word using a search engine in the
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`target language, returning the search results in the target language in the form of site names
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`(URLs) and documents, searching a database of advertising cues, and returning advertising cues
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`relevant to the content word.
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`15.
`
`The claimed inventions of the ‘101 and ‘154 Patents improve the usability of
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`searching over the Internet, and address a problem specific to the Internet. The claimed
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`inventions of the ‘101 and ‘154 Patents help make Internet searching more accessible for people
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`who perform searches in other languages.
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`EXEMPLARY ACCUSED PRODUCTS AND SERVICES
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`16.
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`“AOL Search” is a search engine product and service offered by AOL Inc. that
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`provides, among other functionalities, Web search results of Websites listed in order of
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`relevance, image search results and corresponding URLs sorted by relevance, video search
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`results and corresponding URLs, AOL Network search results of AOL-owned Websites listed in
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`4
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`order of relevance, shopping search results and corresponding URLs sorted by relevance, and
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`MapQuest search results with corresponding URLs. AOL Search searches Websites not only
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`written in the source language (e.g., English) input in a query received by its users, but in second
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`languages after extracting at least one content word, dialectally standardizing the at least one
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`content word, and translating the at least one dialectally standardized content word. Website
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`matches based upon the translated at least one dialectally standardized content word are
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`subsequently presented to the user.
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`17.
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`AOL Search presents “sponsored links” or “ads” in connection with its AOL
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`Search results. AOL Search also presents “Web Offers and More” which displays offers related
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`to search terms received by the user.
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`18.
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`AOL Search has an “Advanced Search” feature. Included in the Advanced
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`Search feature is a control to specify the language of sites the user would like to see in his or her
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`search results. Another Advanced Search feature is a control to run a domain-specific search
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`such as searching within domain names designated for countries with populations predominantly
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`speaking and writing languages different from the source language utilized by a user in an AOL
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`Search query.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 6,604,101
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`19.
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`20.
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`Paragraphs 1 through 18 are incorporated by reference as if fully restated herein.
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`Plaintiff Improved Search is the assignee and lawful owner of all right, title, and
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`interest in and to the ‘101 Patent.
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`21.
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`Defendant AOL performs methods and has systems that include the AOL Search
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`functionality.
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`22.
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`Defendant AOL’s use of methods and controlling of systems involving AOL
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`Search directly infringe one or more of the method and system claims of the ‘101 Patent, either
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`directly or under the doctrine of equivalents.
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`23.
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`By way of example, AOL Search receives queries in a first language (e.g.,
`
`English) from its users through input devices, such as computer keyboards. AOL Search
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`processes the query in the first language and extracts at least one content word from the query.
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`AOL Search dialectally standardizes the at least one content word extracted from the original
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`query and translates the dialectally standardized content word into a second, target language.
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`AOL Search, as a search engine, searches the Web in the second language based on the at least
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`one content word and obtains search results in the second language in the form of URLs and
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`documents (for example, in Microsoft Word, Microsoft PowerPoint, or Adobe PDF formats) as
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`“Web Results” which satisfy search criteria.
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`24.
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`Defendant AOL has had actual pre-suit knowledge and notice of the ‘101 Patent
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`since at least March 23, 2015 when it received a letter from Plaintiff informing AOL of
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`Plaintiff’s Asserted Patents and AOL’s infringement of the ‘101 Patent. In that letter, Plaintiff
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`informed AOL of facts indicating that AOL knowingly induces infringement of the ‘101 Patent
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`by intentionally directing its customers to use computers or mobile devices for translating their
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`search queries.
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`25.
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`As to any potential claim steps of the ‘101 Patent that are performed outside of
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`the United States, such as on foreign servers, AOL knowingly induces infringement by entities
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`owning and controlling those servers or other equipment performing those claim steps of the
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`‘101 Patent. Plaintiff alleges that AOL, with knowledge of the Asserted Patents, has specifically
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`and intentionally directed those entities to perform those steps, which AOL then uses in
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`practicing the methods of the ‘101 Patent. The benefit is ultimately derived in the United States
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`by AOL and users of AOL Search.
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`26.
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`As to any potential system components of the ‘101 Patent which are owned by
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`AOL’s customers, such as computer keyboards, personal computers, and display screens, AOL
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`knowingly induces infringement by its customers owning and controlling those components.
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`Upon information and belief, Plaintiff alleges that AOL, with knowledge of the Asserted Patents,
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`has specifically and intentionally directed its customers to use those components in order to
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`infringe the system claims of the ‘101 Patent.
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`27.
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`Upon information and belief, Plaintiff alleges that Defendant AOL specifically
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`intends to induce the infringement of the methods and systems of the ‘101 Patent by providing
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`certain options to its customers in its Advanced Search feature. By way of example, AOL’s
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`Advanced Search feature allows for the selection of returning pages written in over forty
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`languages, regardless of the search query entered. Also by way of example, AOL’s Advanced
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`Search feature allows for the selection of returning results from sites/domains with pre-selected
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`extensions, including those from predominantly non-English speaking countries (e.g., .fr –
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`French, .es, .mx – Spanish, .cn – China). By way of example, at least claims 1, 2, 4, 5, 22, 24,
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`25, and 26 of the ‘101 Patent are implicated with respect to this feature.
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`28.
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`Plaintiff is entitled to recover damages adequate to compensate for the
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`infringement.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 7,516,154
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`29.
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`30.
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`Paragraphs 1 through 28 are incorporated by reference as if fully restated herein.
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`Plaintiff Improved Search is the assignee and lawful owner of all right, title, and
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`interest in and to the ‘154 Patent.
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`31.
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`Defendant AOL performs methods and has systems that include the AOL Search
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`functionality.
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`32.
`
`Defendant AOL’s use of methods and controlling of systems involving AOL
`
`Search directly infringe one or more of the method and system claims of the ‘154 Patent, either
`
`directly or under the doctrine of equivalents.
`
`33.
`
`By way of example, AOL Search receives queries in a first language (e.g.,
`
`English) from its users through input devices, such as computer keyboards. AOL Search
`
`processes the query in the first language and extracts at least one content word from the query.
`
`AOL Search dialectally standardizes the at least one content word extracted from the original
`
`query and translates the dialectally standardized content word into a second, target language.
`
`AOL Search, as a search engine, searches the Web in the second language based on the at least
`
`one content word and obtains search results in the second language in the form of URLs and
`
`documents (for example, in Microsoft Word, Microsoft PowerPoint, or Adobe PDF formats)
`
`which satisfy search criteria. Relevant to the at least one content word, AOL Search searches a
`
`database of advertising cues and returns one or more of those cues to the AOL Search user as
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`“Web Results”, such as for example, through presenting a list of advertising-associated
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`hyperlinks directly above or to the right of the regular “Web Results.”
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`34.
`
`Defendant AOL has had actual pre-suit knowledge and notice of the ‘154 Patent
`
`since at least approximately March 23, 2015 when it received a letter from Plaintiff informing
`
`AOL of Plaintiff’s Asserted Patents and AOL’s infringement of the ‘154 Patent. In that letter,
`
`Plaintiff informed AOL that AOL knowingly induces infringement of the ‘154 Patent by
`
`intentionally directing its customers to use computers or mobile devices for translating their
`
`8
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`search queries.
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`35.
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`As to any potential claim steps of the ‘154 Patent that are performed outside of
`
`the United States, such as on foreign servers, AOL knowingly induces infringement by entities
`
`owning and controlling those servers or other equipment performing those claim steps of the
`
`‘154 Patent. Plaintiff alleges that AOL, with knowledge of the Asserted Patents, has specifically
`
`and intentionally directed those entities to perform those steps, which AOL then uses in
`
`practicing the methods of the ‘154 Patent. The benefit is ultimately derived in the United States
`
`by AOL and users of AOL Search.
`
`36.
`
`As to any potential system components of the ‘154 Patent which are owned by
`
`AOL’s customers, such as computer keyboards, personal computers, and display screens, AOL
`
`knowingly induces infringement by its customers owning and controlling those components.
`
`Upon information and belief, Plaintiff alleges that AOL, with knowledge of the Asserted Patents,
`
`has specifically and intentionally directed its customers to use those components in order to
`
`infringe the system claims of the ‘154 Patent.
`
`37.
`
`Upon information and belief, Plaintiff alleges that Defendant AOL specifically
`
`intends to induce the infringement of the methods and systems of the ‘154 Patent by providing to
`
`its customers certain options in its Advanced Search feature. By way of example, AOL’s
`
`Advanced Search feature allows for the selection of returning pages written in over forty
`
`languages, regardless of the search query entered. Also by way of example, AOL’s Advanced
`
`Search feature allows for the selection of returning results from sites/domains with pre-selected
`
`extensions, including those from predominantly non-English speaking countries (e.g., .fr –
`
`French, .es, .mx – Spanish, .cn – China). By way of example, at least claim 1of the ‘154 Patent
`
`is implicated with respect to this feature.
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`38.
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`Plaintiff is entitled to recover damages adequate to compensate for the
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`infringement.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment against Defendant, granting Plaintiff the
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`following relief:
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`That this Court adjudge and decree that Defendant has infringed the Asserted Patents;
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`That this Court order an accounting, including a post-verdict accounting, to determine the
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`damages to be awarded to Plaintiff as a result of Defendant’s infringement;
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`That this Court, pursuant to 35 U.S.C. § 284, enter an award to Plaintiff of such damages
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`as it shall prove at trial against Defendant that is adequate to compensate Plaintiff for said
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`infringement, said damages to be no less than a reasonable royalty together with interest and
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`costs;
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`That this Court assess pre-judgment and post-judgment interest and costs against
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`Defendant, together with an award of such interest and costs, in accordance with 35 U.S.C.
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`§ 284;
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`That this Court grants to Plaintiff such other, further, and different relief as may be just
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`and proper.
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`JURY DEMAND
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`Plaintiff demands a trial by jury of all matters to which it is entitled to trial by jury
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`pursuant to Fed. R. Civ. P. 38.
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`Dated: March 25, 2015
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`Of Counsel:
`
`Robert J. Yorio
`Carr & Ferrell LLP
`120 Constitution Drive
`Menlo Park, CA 94025
`(650) 812-3400
`yorio@carrferrell.com
`
`
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`(302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Attorneys for Plaintiff Improved Search LLC
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